Evelyn A. Yaeger

Ms. Yaeger represents both plaintiffs and defendants in the areas of products liability, business litigation, commercial litigation and construction litigation. She works with large manufacturing corporations, including elevator manufacturers, pump manufacturers, and HVAC manufacturers and distributors (both large and small) to successfully resolve litigation involving design, manufacturing and marketing defect claims, as well as warranty claims and fraud claims under the Deceptive Trade Practices Act . She also handles both contract and commercial disputes during the construction phase and thereafter. Ms. Yaeger’s practice includes both State and Federal courts, and she is admitted to practice before the U.S. District Courts for the Northern, Eastern and Western Districts of Texas.

Ms. Yaeger has worked with defendants to acquire several Agreed Judgments in situations involving non-payment for HVAC equipment. In construction cases, she effectively uses lien filings to obtain payment and views litigation as a last resort. She often speaks to clients and their employees on the intricacies of mechanic’s liens and payment bonds in order to facilitate their use and avoid greater disputes and litigation costs.

Publications

"To Lien or Not To Lien, Late is Not Better than Never," Elevator World, July 2008

"Opportunities for Women-Owned Businesses," Dallas/Fort Worth Construction News, April 2008 

"Lien Notice and Filing Requirements," Presentation to Otis Elevator Company,  July 2003

Representative Matters

Obtained summary judgment for an elevator maintenance company in a negligence maintenance case in which the company had a maintenance contract in effect at the time of the plaintiff’s alleged injury.  

Obtained summary judgment for a large HVAC manufacturer in a wrongful death case involving a residential furnace, and had her summary judgment affirmed by the Court of Appeals in a Deceptive Trade Practices Act case involving the sale of commercial chillers for an office complex. 

Has tried in numerous cases to a defense verdict, including cases involving misleveling, sudden stop and door retraction for the elevator industry, as well as a variety of cases involving floods, fires and general contract disputes in the HVAC industry both under the Uniform Commercial Code and at common law.

Memberships

• American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE)
• National Association of Women in Construction
• State Bar of Texas
• California Bar Association
• American Bar Association
• Dallas Bar Association, Business Litigation Section

Noteworthy

• Evelyn Yaeger was named a “Texas Rising Star” for 2005 and was featured in the July 2005 issue of Texas Monthly magazine and the Texas Superlawyers - Rising Star Edition. Most recently, she was recognized in Who’s Who in America, 2008 Edition and Who's Who of American Women, 2008-2009.